Windhoek High Court Judge Orben Sibeya on Friday set aside a decision by justice minister Yvonne Dausab to withdraw the appointment of Legal Aid lawyer Eva Maria Dorkas Pandulo Phillemon.
Dausab unceremoniously dumped Phillemon after alleged tribal remarks about the Damara people.
Phillemon tweeted: “The Damara people are doing something beautiful, a cultural identity. I love this. This overshadows that violence image of breaking bottles, knife stabbing, insults, no culture identity that I only know of them”.
Dausab did not take it lightly, and revoked her appointment. Phillemon then instituted proceedings in the High Court to set aside the decision of Dausab with immediate effect.
Judge Sibeya set aside the decision, and awarded costs to Phillemon. She was represented by Sisa Namandje in the court case.
The judge stated that an administrative decision must be taken only after the affected person is granted an opportunity to be heard. In this instance, the applicant (Phillemon) was removed from her position without the opportunity to be heard, despite such decision having a severe adverse effect on her. Furthermore, suspension from one’s trade is a grave invasion in someone’s career, so much so that great care and thought should precede such a decision, as it may constitute a life- altering or threatening event.
Judge Sibeya emphasised that the decision of the minister to withdraw the appointment of the applicant without a hearing constitutes a violation of her common law and constitutional rights.
“It cannot be downplayed that the decision of the minister of 4 April 2023 prejudiced the applicant,” the judge said, adding that this has all the attributes of a suspension from work.
He further said Phillemon’s choice of career was abruptly paused on the day in question, and if one considers the speed with which the decision was made, the effect of that decision becomes unimaginable.
“I find that the decision of the minister had severe adverse effects on the applicant, and therefore, the applicant was entitled, as a matter of law, to be afforded the opportunity to make representations to the minister before the impugned decision could be taken,” the judge noted.
He said it is well-settled law that costs should follow the result of a lawsuit, and he sees no reason why he should deviate from this principle. Sibeya awarded her costs on the scale of one lawyer.
-rrouth@nepc.com.na